업무상횡령등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 2016, the Defendant engaged in the business with the victim B and C, and engaged in the business of construction contract, construction site management and collection, and issuance of tax invoices, while engaging in artificial intelligence construction business in Daegu-gun D in mutual name.
1. Occupational embezzlement;
A. The Defendant received from Nonindicted Party F the transfer of KRW 50 million from September 4, 2017 to the post office account (G) in the name of the Defendant for the “Tongsung-gu Housing Remodeling Corporation” and embezzled KRW 80 million in total from September 5, 2017 to January 8, 2018, by voluntarily consuming the Defendant’s living expenses, etc. around October 17, 2017; KRW 40 million; KRW 15 million on November 29, 2017; KRW 800,000 on January 8, 2018; and KRW 113,000,000 from September 5, 2017 to January 8, 2018.
B. The Defendant: (a) transferred KRW 5 million from Nonindicted Party I to the post office account (G) in the name of the Defendant for “Franchising construction works in Daegu Seo-gu J clothes”; (b) KRW 10 million on July 27, 2018; (c) KRW 6 million on August 7, 2018; (d) KRW 6 million on August 20, 2018; (e) KRW 26.2 million on September 6, 2018; and (e) remitted KRW 26.2 million on his/her business custody for victims; and (e) remitted KRW 5 million on July 27, 2018; and (e) KRW 6.5 million on August 8, 2018; and (e) KRW 117 million on his/her daily expense paid as construction expenses to the Defendant and embezzled the victims’s daily expense, etc. on a voluntary basis around that time.
2. The Defendant in occupational breach of trust in the above office violates his/her duties, even though he/she had a duty to use the trade name of E at his/her discretion or issue a tax invoice under his/her name, thereby causing damage to the victims, as such, he/she violated his/her duties, and as such, he/she did printed materials design, production, and interior works in the above office with the L-listed bank, as if he/she did so in the above office, even though he/she had a duty to not cause damage to the victims. < Amended by Act No. 1487, May 19, 2017; Act No. 1450, Jul. 5, 2017>